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HomeMy WebLinkAbout2016-11-03 Hearing Transcript - Edward Torrison REZ 16-213WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 3, 2016 A regularly advertised hearing on the application of EDWARD L. TORRISON (REZ 16-213) was called to order at 9:48 a.m. in the County of Hawaii Aging and Disability Resource Center Training Room, 1055 Kino`ole Street, Hilo, Hawaii with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Malia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 17 members from the public in attendance. APPLICANT: EDWARD L. TORRISON (REZ 16-213) Application for a Change of Zone from a Single Family Residential -10,000 square feet (RS -10) to a Neighborhood Commercial -10,000 square feet (CN -10) zoning district for approximately 11,642 square feet of land situated between Waianuenue Avenue and Kaumana Drive at 875 Waianuenue Avenue, Pi`ihonua, South Hilo, Hawai'i, TMK: 2-3-025:063. HENKEL: Thank you. We'll now move to No. 3 on the agenda which is Edward L. Torrison, REZ 16-213. And will the Planning Department present, please? Thank you, Jeff DARROW: Thank you, Mr. Chairman. Good morning, members of the Planning Commission. MIYASATO: Good morning. DARROW: As mentioned, our next Applicant is Edward L. Torrison. He is requesting a Change of Zone. For reference, the area of the subject application is within the South Hilo District of Hawaii. More specifically, we're looking in the Kaumana area. For reference, running through, diagonally through the middle of the map is Waianuenue Avenue, which breaks off into Kaumana Drive as well as Waianuenue Avenue. Running in a north -south direction, we have Komohana. As you look at the map, this represents the different zonings of the area. Just for reference, the yellow represents Low Density Urban. The pink represents Commercial zoning. The green represents Open. And, the darker green up above represents Agricultural. This purple is also representative of a Project District that was done that includes multiple types of uses within this project. It will include Single -Family, Multiple Family, as well as Commercial and medical type uses within this particular area. EXHIBIT B This is the location of the Hilo, I mean the doctors' offices along Komohana, and along Ponahawai Street, we've had a number of Commercial rezonings in the recent past. This is the General Plan Land Use Pattern Allocation Guide Map. Again, for reference, we have Waianuenue Avenue running in an east -west direction which breaks off at Kaumana. The subject property is identified with a black outline right at the junction between Waianuenue and Kaumana. This is identified as an area for Medium Density Urban which allows for Commercial uses as well as apartments or dwellings up to 35 units per acre. This is an aerial photo of the area. Again, we have Waianuenue Avenue, with the split with Kaumana Drive. The subject property identified with a black outline. For reference, there are a number of single-family dwellings in the area. We do have existing Commercial zoning in this area as well as a 7-11 Store along Kaumana. The Applicant is requesting a Change of Zone from Single -Family Residential – 7,500 square feet, RS -7.5, to a Neighborhood Commercial – 10,000 square feet or CN -10 zoning district for approximately 11,642 square feet. The Applicant is proposing to construct a two-story office building with approximately 4,056 square feet of office space and 16 parking stalls, spaces. The design will have two buildings attached by an elevated walkway. The design concept is similar to a single-family dwelling with a detached garage connected by a covered walkway. Additionally, the new buildings will have a residential, plantation -style appearance. The Applicant is proposing a right -turn in from Kaumana Drive, and a right -turn out onto Waianuenue Avenue to address the potential traffic impacts, with the possibility of a right -turn in from Waianuenue Avenue as well. There will be no left turns in or out of the property. This is the Applicant's site plan that was submitted. This is the ground level. For reference, we have Kaumana Drive on the right side of the map. So, if you were travelling mauka, you would turn in on the right turn onto, off of Kaumana, and then right out onto Waianuenue Avenue. Again, this shows the parking layout as well as the office space on the ground level. This is the second floor level. Again, for reference, Kaumana Drive on the right side. We have on the second floor mainly office, as well as some storage. These are some site photos of the area. This is on Waianuenue Avenue looking directly at the subject property. This is on the junction right at the stoplight looking at the subject property head on. Kaumana—cops, I'm sorry—Kaumana would be on your left, and Waianuenue would be on your right. This is on Waianuenue Avenue. The subject property again is directly in front of us. This is also the same location just looking a little bit more to the left where the actual signal is. One more time, we have the subject property on the left looking at Waianuenue Avenue. And then, this is fronting the subject property looking makai on Waianuenue Avenue. EXHIBIT B 2 This is at the stoplight at the intersection where Kaumana Drive is with the subject property directly in front of us. There is a vacant property that is before this property owned by the State. This is a little further up Kaumana Drive with the subject property on the right. It does show the existing single-family dwellings in the background. And, then, this is looking down Kaumana Drive makai with the subject property on the left. And, this is the subject property from Kaumana. The Planning Director is recommending that the Planning Commission send a favorable recommendation with conditions. Since the application was submitted to the Planning Commission, we have received three letters from surrounding property owners. One is from David Bernabe; one is from Julia Moore; and the last letter is from Brenda Hall. Just a note, Ms. Moore makes a comment in the letter that she did not receive any mailings regarding this application. The Planning Department looked into this matter as she is located within the 300 feet. The Applicant actually hires a service to do notification, and unfortunately with this particular property, there was one number off on the p.o. box. So, they made the attempt, but unfortunately, there was a typo, and that's within our records. Additionally, when the Applicant originally submitted the application, the request was for a 3 - story office building as well as access left turns and right turns off Waianuenue Avenue with the possibility of a right -turn in from Kaumana. Subsequently, we received a comment letter from the Police Department requesting that all egress and ingress be right turns only. And, so, as a result of that, the Applicant revised their application to be right turn, right turns only, and we have placed a condition that there are no left turns in or out of the property onto Kaumana or Waianuenue Avenue. And, they also revised again the site plan to decrease the height from three stories to two stories. With that, that concludes our presentation. Thank you. HENKEL: Thank you, Jeffrey. I'd like to add that the Commissioners were given a letter also today by Nadia Scholsser. DARROW: Thank you. HENKEL: So, that would be the fourth. Are there any questions of staff from the Commission? If not, will the representative come forward, please? KERN: Good morning. HENKEL: You know the drill. Would you raise your right hand? Do you swear or affirm to tell the truth on this matter before the Planning Commission? KERN: I do. HENKEL: Thank you. Please state your name, where you reside, and speak directly into the microphone. EXHIBIT B 3 KERN: Thank you very much. Yeah, I'm Zendo Kern; reside in Kurtistown area. I'm representing Ed Torrison. Ed Torrison had plans to be out of the country during this meeting, and the plans were made before we got notification of this here. So, he would otherwise be here sitting next to me, and he, you know, wanted me to apologize for that. It was just something that he couldn't get out of it. If he was going to Oahu, maybe he could change it, but it was out of the country. So, I'm here to answer any questions. I can do a little bit of background on this project if you'd like. Sure? Okay. You know, I once sat up there right as a Planning Commissioner for quite a few years. Chaired it. Also sat on the Council. So made a lot of challenging decisions, and saw a lot of things come through. Some things I felt were really simple. Some things were a little more challenging, and some things were just flat wrong. So, now me being a planning consultant, I look at things when they first come through as sitting on that side of the table. How does this look? How does this feel? How would I feel if I were sitting in that position as a decision -maker? This one is, it's a little unique. It sits right there. It's got residential around it, and its right there sandwiched in between Waianuenue and Kaumana Drive. And it's—and, it's tight. I looked at it, and I said you know what? I do think that this would actually be a good spot for an office building. Would I want a home there? Would somebody else want a home there? It's not that desirable. You're literally sandwiched between Waianuenue and Kaumana Drive. So, from a single-family resident standpoint, it's not a very desirable location. With an office building of having it look single-family, plantation style, that to me actually—you know what? That makes sense. It still leaves the visual appearance of a residential feel, and it actually creates a buffer to the residences that are right behind it. If you're coming up, it creates a sound buffer and a visual buffer. Landscaping is a ten feet requirement so there would be a 10 -foot landscaping buffer between this property and any of the other properties. An in sense, it would, like I say, it would kind of give it that additional buffer. I noticed some concern from some of the surrounding property owners on traffic. That's a legitimate concern. Having been through and talked with, you know, the Director and seeing the comments that were coming through and talking with my client, I said, you know, it makes sense to have right turn in and right turn out only. No left-hand turns. Traffic's going to flow smooth. Now, if it was a single-family residence, you get left hand turns. Who knows how busy it is? You know, so many people are living at that house, right? They have kids, teenagers, all the way up through, and these days—this day and age with economics being challenging, a lot more people still, you know, are staying in the same household out of the economic situation. You could have 3-4-5-6 cars going in and out there a day. Easily. And they're all making left-hand turns. Subsequently, too, if we go to a multi -family situation which still keeps it residential, I believe that would actually create more traffic than a small office building. Not to mention what—and there possibly would be a condition of no left-hand turns on there, too, but maybe not. EXHIBIT B 4 So, I think that kind of addresses the traffic issue. I don't think there'll be any traffic issue, and if you look in the Background Report on the statistics used to, that are done with a TIAR or a Traffic Impact Analysis Report, the increase of vehicle trips during peak hours are minimal. And, when you turn them into right-hand turns, it's basically a non -effect. So, from that standpoint, also the standpoint that the—the property right in front of it that ultimately creates that triangle, it's owned by the State. It has some utility stuff on it. It's not going anywhere. It's not going to change. So, there's no additional buffer that would ever occur there. So, as you come up—this creates still allowing it to have the same residential look and feel, creates that additional buffer, mitigates traffic, and allows, you know, some additional office space in that area which could help in the, you know, going up Waianuenue where there's the Hilo Medical Center. Could be some support services for that. My client is currently a real estate broker. He will be occupying about, about a third of the building for his, for his own business. And, the project for him, the way he expressed it to me, was an emotional project. His late wife worked for the County for many years, and she passed away some years back, and in that process he, and after she passed, through, you know, life insurance or something like that nature, he acquired this property. And, his concept is to build this as honoring her. So, I really do feel and believe that my client will come through and honor everything that he says he's going to do or I wouldn't be sitting here. I wouldn't be talking about this. I'd be very neutral and very bland. And, so it's, you know, it's like I said, it's a little bit tricky, but at the same time, I felt that it was relatively straightforward and, like I said, having been a decision -maker before, these are some of the things, you know, we have to weigh out. Change is a little bit tricky for some people, and it's how do we adjust and make it so it has a minimal impact but still, you know, moving forward. And, it's, you know, General Plan, it's conducive for that. Access ways, it's got sewer. It's getting hooked up to sewer. It's got water, fire control. It has all the elements needed to create a good office space. With that, I will answer any questions that there are. HENKEL: Mr. Kern, did you review the Planning Director's Recommendation and Background Report? KERN: My client and I both did, and we are agreeable with all the above, the Recommendation as well as all of the conditions. HENKEL: Thank you. Commissioners, are there any questions? IKEDA: Yes, I do. HENKEL: Yes, Mr. Ikeda. IKEDA: You know, Mr. Kern, my problem is I'm very familiar with this property. I live up there. Your property, where it turns, it's—it's right by the signal light. EXHIBIT B 5 KERN: It's close. IKEDA: Very close, yes. On Kaumana as well as, you know, Waianuenue has a turn. And, I've seen it on the busy time, and the thing backs way up because—I've been there when it's busy, and there's no such thing as you're saying—minimal. Let me tell you. It's busy. And, I know there's a lot of problems because I see bus coming in, and I'm not sure what the street is Pulima or Punahele or something, and that takes up a lot of traffic because they don't go down by your area because it's too dangerous for them to make the turn. So, that was my big problem I have, and like you said—you're kind of downplaying the traffic, but the traffic is a big problem. But, I don't see—somehow I'm not satisfied about your guys addressing the traffic. It really bothers me. KERN: Okay, yeah, and I don't mean to downplay the traffic. In general, I mean, Hilo's gotten a lot busier in general. It's the traffic that would be generated from the project. That's what I'mthat's what I'm trying to address. It's just the traffic generated from this project. Being that it is right -turn in and right -turn out only, the person that would be the most affected is the person that would be getting, going into the place. I highly doubt that the actual driveway coming in would back up. It's not that busy of a use, right? So, if they're coming in off Kaumana taking that right, they're getting off the street. IKEDA: I'm going to tell you, but if you're gonna turn right on Waianuenue, you're gonna have problems. If you go there when the hospital ends KERN: Sure IKEDA: —that thing backs all the way up because I've seen it. KERN: Sure, and that, and that does make sense. Now, the traffic that would be coming out, they would be basically stuck on the property. They would be moving slow. They might not really care for that, but it doesn't become a risk. It doesn't necessarily—it's not going to create traffic accidents. It's not going to create additional jam up in my opinion because if, you know, they gotta wait and, you know, people are nice here, okay go ahead. And then, the person pulls out and away they go. If it was a use that was going to be generating a lot more traffic, I could definitely see that. Being that it will be an office space, you know, I don't see that as much, as much use. IKEDA: Well, that was another thing I was going to get at. You know, your parking, I think you had, what, sixteen? You only have what, five offices? KERN: About five, yeah. IKEDA: So, you know, if you have two employees, you know like the owner and one secretary or something, that's already ten. So, each office is going to have only one additional parking for their customers. EXHIBIT B 6 KERN: Well, that's right, and also well a part of its going to be a real estate brokerage company, right? And, the agents that are in there, you know, most real estate agents don't make much money staying in the office. Right? So, they're out. They're out a lot more. The requirement is one stall per 300 square feet. IKEDA: I understand that, but KERN: —And, we're over that. IKEDA: Yes, I understand, but I also understand where you have aI used to rent to an insurance company, and they had 16 employees. They took all my parking space— KERN: —And, that makes— IKEDA: That's what I was trying to get at. KERN: Well, and that makes a lot of sense. I hear what you're saying there completely. Again, with at least a third of the building that'd be occupied. Excuse me, insurance agents, they generally stay in their office a lot more fielding phone calls, you know, going through the whole process they do. The real estate agents are usually out a lot more doing showings, looking at places. There's still going to be a certain amount there. It's going to be, you know, right there, but at the same time, the Code is written to allow for "x" amount of parking per square feet. We're trying to go over that so, we're trying to follow Code, and do a little better. IKEDA: Well, and that's, that's what I'm getting also, too, you know, because, if we should pass this, and you guys don't build, then you can build anything you want on it with the zoning, and that's what bothers me, too. KERN: Well, yeah, and, you know, the chances of that actually happening, I think, would be pretty slim being it's that only right -turn in and right -turn out only. I know it's a Change of Zone. Anything that would most likely would come in afterwards would require a TIAR, and that would most likely require a lot of improvements. So, while it does allow for that possibility, one, that isn't the intent. Two, I wouldn't be sitting here if I thought that was going to be the intent `cause that's the last thing I would want to my name is to come in and then have the bait and switch. You know, so I truly believe my client is going to do that, but I understand what you're saying, Mr. Ikeda. I sat there and had to ponder that question many a times, right? You know, what is the proposed use to what can you ultimately do with it. And, that's why we go through this process of, you know, deliberating and the democratic process of hearing testimony and trying to get to some type of reasonable, balanced solution. HENKEL: Anymore questions from Commissioners? Mr. Clarkson. EXHIBIT B 7 CLARKSON: Yeah, I'm a little bit confused about how many offices there are. I see eight heard a number of five mentioned, but I don't know where that number came from. KERN: There's—you see, the way it's drawn right now is my client's probably—he's still in the final concept of a size of office, offices there. So, he will be occupying at least a third of it. So, upstairs, well, there might be two office spaces. He would be taking up that, so that would be one, you know, one building. The spaces downstairs are meant to be more of conference rooms. There's three spaces downstairs on this plan that, you know, like sometimes professionals. They don't necessarily have an office. They work from home, but they need an office to go to. They want to have a meeting. So, almost like a satellite office where they could come in, use it for a little while, you know, and away they go. CLARKSON: Well, I have a question for staff Does, does this proposed plan that we're looking at meet the requirements of parking stalls per square foot of office space? DARROW: Yes, it does. CLARKSON: Okay, thank you. HENKEL: Anymore questions from the Commission? Thank you, Mr. Kern. You may sit down and be seated. KERN: And I'm here to answer any more questions or any other concerns. Thank you. HENKEL: We have three people signed up to testify. Brenda Hall, Julia Moore, and Joseph Bernabe, could you please come up? If there's anybody else out there that would like to testify, please sign up. Would you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Planning Commission? BERNABE: I do. HENKEL: Please state your name, the area you reside in, speak clearly into the microphone. You've got three minutes, and we'll start with you, Mr. Bernabe. BERNABE: My name is Joseph Bernabe, and I'm here to represent and support my brother. He lives in that area, and I was born and raised in that area. And, I'm third generation and there's going to be my niece is there now, so she's fourth generation, and their kids is going to be the fifth generation, and we live right on, next to the property. And, my concernI just go the letter from over here from my brother, and some of his concerns is about the traffic. And, because of the traffic, they made new changes way back because of that traffic. Was pretty busy over there. So, they made a change, and it's still busy over there `cause of the people going to the hospital and coming down. There's a bad turn over there, too, where the people's going to come out from that area to go turn right. There's a bad curve, and they speed over there, and if there's an accident right there, how's the emergency vehicle going to get to the hospital? They're going to have to go way around, and they say every second EXHIBIT B counts, yeah? And, so by them going all the way around, the time that they spend, that person, you know, life is real valuable so. Another concern I have is if they're gonna turn right from Kaumana into the, the, that place, what about the people in the community and our children walking down that sidewalk, and they're gonna turn right and the kids, they don't realize cars gonna turn into that place. And, a person driving going think I gotta hurry up because cars are in the back of me, and then, you know, what about our children? You know, they can get badly hurt or our kupunas. They cannot move fast and get out of the way. And another concern I have is the children of my family, the people turn around inside our driveway from since my grandfather guys was living there, and so if they miss the place, they might just turn around in our place, and our children is playing in their property so now then we're gonna have to close the gate and cage them up inside that property. And, when we come for pick them up, we're going cause more traffic because now we gotta park our truck right on the road to open the gate. And, so that's my concern about that area, and I'm here to support my brother and what he said and oppose the rezoning of that area. Thank you very much. HENKEL: Thank you, Mr. Bernabe. Next testifier, would you please state your name and where you reside? HALL: My name is Brenda Hall. I live at 25 Puu Hina. HENKEL: Thank you. Proceed. HALL: And, you received my letter. I do want to address a couple points that Zendo made. It is a unique property. I think it's kind of aI'm not going to say a junk lot, but, you know, there hasn't been a home on it. You received an application to change the zoning in 1990 which was denied for—and building at the same time. I think a home could be built on it with a buffer of a concrete wall, so I'm not saying it's a throw away lot, but Mr. Torrison purchased that in March and then he put it on the market the next month. And, he wasn't able to sell it, and then I received my letter in August, and then it was taken off the market in September. So, I'm not sure what the intention was when he bought the property. I certainly wasn't aware that we were being considered for a commercial rezone. When he mentioned that, the two-story building might be, look and feel residential, I'm, I would have to see a drawing of that to believe that he could make it look like that. All the cars which you just mentioned, if you're turning right into the property off Kaumana, if someone is behind you, you're blocking the intersection. You're in the stoplight which Mr. Ikeda mentioned earlier. So, if someone is stopping to try and turn in and there's some reason why they can't go into the property quickly, they'll be backed up into the intersection which I think is dangerous. EXHIBIT B 9 He also mentioned the left -turn situation. Well, all the homes on Kaumana and Waianuenue, people make left turns and right turns out of their property all day long. So, that's—the left turn thing is of no consequence. As someone mentioned about parking, there's no parking on Kaumana or Waianuenue so if there were additional employees or guests to the building, there wouldn't be any place for them to park. Let's see. What else? I don't know if any of you are familiar with our neighborhood. It's kind of a little gem. We can walk to stores, the hospital, the library, restaurants. I mean, it's just a really nice residential community, and I think it has that, some value has been added because folks are realizing that living in Hilo versus living in Puna is an advantage because we do have that sense of community and all the services are readily available, especially health care services. I also want to address his last point about the emotional aspect of the property, and I think a very nice way to support his wife would be to donate the property and make it a green space. Thank you. HENKEL: Thank you, Ms. Hall. Julia Moore? Right? MOORE: The process of elimination. Thank you for letting me have a few words. As was mentioned, I only found out about this a few days ago when Mrs. Hall mentioned it to me because I never got a letter. So, I tried to quickly read through this, and feel like I'm not quite as prepared as I would normally be had I had a little more time to consider it. But, again, my concern has to do with traffic and if, in essence, you have eight offices. Maybe you call them conference rooms, but you're gonna have people in and out of those places that need parking. And, regardless of what the signs say, people park on Waianuenue, and there's a lot of foot traffic from the hospital and the various medical services up there. So, all that parking would be a hazard for those people, and people parking across the street on Waianuenue would then be jaywalking across the street to get into this facility. And, so, that's a concern I have. Another concern is the right -turn thing. I mean, yes, it's gonna block traffic, but just because you put up a sign that says no left turn does not mean that people don't turn left. If you've ever been down by Hilo High School going down Waianuenue when school is out, you often have to sit there while people turn left even though the sign right there says no left turn. So, the location of that can be kind of a traffic hazard because there's the curve, and then you have people coming out and, you know, I just can't envision that it would be a good thing. I've lived there for 20 years, and I really appreciate the community and I feel that we have adequate office space available. There's lots of space Downtown that's for rent that I'm sure they'd love to fill up, so I fail to see the need for more office space. EXHIBIT B 10 HENKEL: Thank you. Commissioners, are there any questions of the testifiers? MIYASATO: Chair, I have a question. HENKEL: Yes. MIYASATO: For Ms. Hall. Do you think you need more time to review this application? HALL: No. MIYASATO: Oh, Ms. Moore, I'm sorry. Ms. Moore. MOORE: Oh, yes. HALL: They're asking you then. MOORE: Yes, I do, but regardless of whether I have more time or not, I think that basically I cannot feel this is the best use of this property, you know, being— HATA-FINLEY: Microphone, please. HENKEL: Could you please speak into the microphone? HALL: Microphone, microphone. MOORE: Oh, sorry. I do not feel this would be the best use of the property, and although if I had more time, there was some points in here that I would have done more research on. Bottom line is I would still have to say that I am against this. MIYASATO: Okay. MOORE: I don't think that it's a really good location for this type of thing. MIYASATO: Okay, and I have a question for Ms. Moore. If there were more parking stalls available, would that be an acceptable developoh, for Ms. Hall. HALL: No. No, I don't think, this is a well-establisheda well-established older neighborhood. I don't, I am frankly just shocked that someone wants to build an office building and change the character of this little neighborhood. It just doesn't serve—it certainly isn't serving the neighborhood, and I think that's always a good intention, but it certainly wouldn't. It would affect us negatively, so MIYASATO: Okay. Thank you. HENKEL: Are there any more questions from the Commission to the testifiers? EXHIBIT B 11 MOORE: One more point? HENKEL: Okay. MOORE: Also, I would like to say that the house in front of me has recently sold. It's in escrow. And, in talking to the man that bought it, he was very upset to learn about this, and is very much against it. He was not able to be here today and, of course, at this point, he received no notification or, you know, had no say in the decision, but he is really upset that this is happening. HENKEL: Okay. Thank you. You've all had three minutes, so I MOSES: Could we hear from Joseph, Chair? HENKEL: I'm sorry? MOSES: He just has one more comment. HENKEL: Okay, Joseph, please be brief. BERNABE: I just have one more concern. You know, talking about the parking lot. If there's a car and it has an oil leak and it's rain—it rains in Hilo, where's the water going to go. I heard he going to be hooked up to the sewage, but what kind of drainage situation is there going to be? Like it's going to go into the ground or they gonna have a septic type of thing? HENKEL: Okay, thank you. I think I can speak on behalf of the Commission in thanking you people for coming forward and taking the time out to appear before us. So, is there anybody else that would like to testify on the? Okay, you may be seated. BERNABE: Thank you. HENKEL: Since there's no one else to testify, we can look for a motion to close public testimony. MOSES: I make a motion to close. HENKEL: Is there a second? DELA CRUZ: Second. HENKEL: It's been moved by Raylene and seconded by Donn to close public testimony. All in favor say "aye?" COMMISSIONERS: Aye. HENKEL: Opposed? Public testimony is closed. Now, we would look for a motion to action. EXHIBIT B 12 It's been pointed out to me that the Applicant, the representative, Mr. Kern, has not been given a chance to respond to the testimony, so I'd like to give Zendo a few minutes if that's okay? KERN: Thank you very much for that. Appreciate it. I appreciate the testimony from the testifiers. It's part of the process. Part of what makes this process work—democracy. Exactly. Well, one of the issues is the right -turn issue, right? So, we have a right -turn in, and there's a sign there. Who cares? That wouldn't be the case. It'd actually be a physical impairment to make it so it's basically only right in, only right out by the curbs that are taking place. So, very similar to what's in front of Safeway, you know, when you're coming in off of Maka`ala into Safeway? If you're coming down from Railroad side, it's, the way it's shaped is really only conducive for a right-hand turn. I mean, you'd have to do the craziest left-hand turn ever to get in there. So, it's the same concept follows through with this project. We talked to Public Works. It wasn't right -turn in, right -turn out only. Here's a sign. It actually has to be a physical, you know, impairment so it, they cannot take a left hand turn in there. So, I think that helps address that. You know, as far as increased parking, I think that becomes tricky. I think the more parking you can have, the better, obviously. But, I think it becomes tricky to put that in there because we're, then we're going against Code, right? And, we're being almost condition—you know what I mean? For the condition, that's against the Code, so we already want to have more parking than is required by Code, so that's, he's gonna be doing that. It only makes sense to do that. Obviously, it's a nice community there. Now, if this parcel were inside there and not at this corner, I wouldn't be sitting here. But, because it's at the corner, it's—it's a little bit different. While it is part of the community, it's this weird, corner lot, and the question that I'd have to ask, would any of you want to build your home there or would you buy an existing home there? Sandwiched between Waianuenue and Kaumana with traffic coming right up with a lot in front of you that you know would never be built. And, sure, somebody could put up a big rock put up a big wall as a single family, but on that small lot, I mean, it's going to be kind of just—close yourself in. It'd be pretty odd. So, you know, again, this isn't—this isn't the easiest one. I wish it were, but the nature of it and where it's located and I believe that how we can mitigate the traffic, will—will work. And, not to mention, there will be curbs, gutters, sidewalks on it. Any other concerns for safety, I'm more than willing to address. You know, if there's a rumble strip, more signage, whatever it takes. White lines, those shark lines that you see on the road now. You know, my client would be open to any of that I think. Safety first for sure. And, I think that's, that's pretty much it. I think there's, there's much more that I can say on it. I mean it is what it is, and you folks here, you know, you have the decision to make the decision that you're going to make. If there's any questions, I'm happy to address them. HENKEL: Thank you, Zendo. MOSES: I have a question. EXHIBIT B 13 HENKEL: Yes, Commissioner Moses. MOSES: So, Zendo, would your client be willing to talk more with the owners, the property owners of surrounding property— KERN: Oh, absolutely. MOSES: —on addressing their concerns. KERN: Absolutely. Absolutely. MOSES: Because I think both—you've made a compelling presentation, yeah? And, so did they. KERN: Of course. MOSES: And, I hear what you're saying about that particular property. How unique it is, but I do concernI am concerned about the property owners surrounding that, and their, their desire of wanting [sic] to have something like this. The only flaw in your presentation, which they pointed out, is that your client was not consistent in his actions which is when he purchased the property, he then put it on market to sell. So, I hear the compelling part about his wife and, you know, doing all of that. So, I would be more inclined for, to see if you folks can work out some of their concerns, address it, and then come back and see KERN: —Sure. MOSES: if we made any headway. If not, then I'd be more inclined to lean to the surrounding property owners. KERN: Understood. MOSES: And go with their, their concerns. KERN: Understood, and yeah MOSES: Because everything else, you're all in guidelines, of course. You know it. I know it. But, then, it does matter—what you put into that neighborhood and get that support from your surrounding KERN: I agree. And, I wasn't aware of any of theI'd have to confirm that with my client, too, as far as it being on the market or any of that stuff I wasn't aware of that. Because that would EXHIBIT B 14 MOSES: —Yeah, that just doesn't seem— KERN: be a little bit, that's a little bit, it doesn't, yeah MOSES: right. So KERN: I totally get you. MOSES: Right. KERN: So, I'd have no problem with that. I know my client wouldn't have any problem with that either. You know, he's been in the community for a long time and has no problem. Guarantee, he'll talk story with them. MOSES: Great. CLARKSON: Well, actually, I have a question for staff So, in looking at this survey map, I notice that on Kaumana Drive, there's a 10 -foot wide no vehicular access easement. Has that easement been waived by whoever owns it to provide for access from Kaumana? DARROW: If I can direct your attention to Condition I in our stated conditions. That would be the avenue that the Applicant would need to take to address the removal of that 10 -foot no vehicular access easement to be able to allow it. We've discussed this matter with Public Works, and they were okay with if the Applicant did request that and revise the subdivision map, they would be okay with that. CLARKSON: Did they explain why it was ever there in the first place and why they would change their mind? DARROW: They didn't, and we reviewed the subdivision file, and it was just a simple request. There was no reasoning behind the condition in the subdivision. And, so, that's the—both the Applicant had made the request in their application on Page 2 as well as Planning Department discussing that request of the Applicant with them. We were hoping they would address it specifically in the comment letter, but they did not, so we had to go to them specifically and ask them if that would be okay to place that as a condition. HENKEL: Anymore questions from the Commission? Yes, Jeffrey? DARROW: Thank you, Mr. Chairman. We do have one concern, and that is that we have a 120 -day deadline to be able to forward the recommendation to the County Council. We can waive that with the agreement upon, from the Applicant. So, if it is the Commission's direction to possibly continue the matter, if we could ask that, that agreement also be confirmed with the Applicant so that we wouldn't be held to that deadline. EXHIBIT B 15 HENKEL: Okay. If we're ready to make a motion for action and to discuss the motion, I'd like to remind you guys that it could either be for, against, or for a continuation, and, if we move to continue, we would seek approval from the Applicant to waive the time limit. So, is there a motion to action. MIYASATO: Mr. Chair, I'll make a motion. I make a motion for a continuance on the condition that Applicant agrees to waive the 120 -day deadline. Also, I believe that it will be accommodating for Ms. Hall [sic] who didn't receive, Ms. Moore, sorry, excuse me, the notice in a timely matter due to the typo. HENKEL: So we have a motion to continue. Is there a second? MOSES: Second. HENKEL: It's been moved by Commissioner Miyasato and seconded by Commissioner Moses. Mr. Darrow, would you do a roll call? DARROW: Thank you, Mr. Chairman. HENKEL: Excuse me, I'm sorry. Is there any discussion on that motion? DARROW: Thank you. KERN: I'll just say that we will confirm to that and agree to that and waive the 120 days. HENKEL: Okay. Is there any discussion on the motion from the Commission? CLARKSON: Yes. Yes, I'm going to vote in favor of the motion to continue particularly because I'm concerned about the, the original reason for the no vehicular access easement that was a condition of subdivision apparently. That is a very busy traffic area, and if staff could provide more information about that, I would be delighted. Thank you. HENKEL: Any more discussion? Thank you. Now, we'll do the roll call, Jeff. DARROW: Thank you, Mr. Chairman. If I could just clarify. If this continuance is until, just open or if you're asking for [the] next Planning, Windward Planning Commission? MIYASATO: My motion would be to the Planning Department's agenda. DARROW: Okay, thank you. With that, we'll take the roll call. Commissioner Miyasato? MIYASATO: Aye. DARROW: Commissioner Moses? MOSES: Aye. EXHIBIT B 16 DARROW: Commissioner Clarkson? CLARKSON: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Ikeda? IKEDA: Aye. DARROW: And, Mr. Chairman. HENKEL: Aye. DARROW: The motion passes six to zero. KERN: Thank you all very much. Have a great rest of your meeting. The discussion ended at 10:35 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT B 17